Full Judgment Text
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PETITIONER:
M.C. MEHTA
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT: 10/05/1996
BENCH:
KULDIP SINGH (J)
BENCH:
KULDIP SINGH (J)
VENKATASWAMI K. (J)
CITATION:
1996 AIR 1977 JT 1996 (5) 372
1996 SCALE (4)422
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Mr. M.C. Mehta - environmentalist lawyer - has filed
this public interest petition under Article 32 of the
Constitution of India seeking a direction to the Haryana
Pollution Control Board (the Board) to control the Pollution
caused by the stone crushers, pulverisers and mine operators
in the Faridabad - Balabgarh area. We are in the process of
monitoring the petition. The core question which we propose
to deal with in this order is whether - to preserve
environment and control pollution - the mining operations
should be stopped within the radius of five kilometers (km)
from the tourist resorts of Badkal lake and Surajkund in the
State of Haryana.
This Court by the order dated November 20, 1995
directed the Board to inspect and ascertain the impact of
mining operations on the ecologically sensitive area of
Badkal lake and Surajkund. The inspection was done by a team
of the Board comprising of Dr. B. Sengupta, Senior
Scientist, Shri Lalit Kapoor, Senior Environmental Engineer,
Shri R.C. Kataria, Environmental Engineer and Dr. J. Moitra,
Scientist ’B’. The inspection report of the Board was placed
before this Court along with an affidavit filed by Dr. S.P.
Chakrabarti, Member Secretary of the Board. In the
affidavit, regarding the mining activities, it is stated as
under:
"For the purpose of mining,
explosives are being used for rock
blasting. Because of unscientific
mining operation, overburden
materials (top soil and murum
remain) were observed to be lying
haphazardly. Deep mining for
extracting silica sand lumps is
causing ecological disaster as
these mines lie unreclaimed and
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abandoned. As a matter of fact
mining site reveals total lack of
environmental planning"
The report contains the following recommendations
regarding the mining activities in the area:
"Mining
At present, manual as well as semi-
mechanised mining of hard stone,
weathered soft stone and coarse
sand in 33 mining area leased by
the State Government of Haryana is
operative. Explosives are used for
rock blasting.
Recommendations
1) Environmental Management Plan
(EMP) shall be prepared by mine
lease holders for their mines and
actual mining operation made
operative after obtaining approval
from the State Department of
Environment or Haryana State
Pollution Control Board. The
Environmental Management Plan (EMP)
should be implemented following a
time-bound action plan. Land
reclamation and afforestation
programmes shall also be included
in the EMP and must be implemented
strictly by the implementing
authorities.
2) Mining activities should be
stopped within a radius of 5 km
from Badkhal Lake and Suraj Kund
(tourist place).
3) At present mining activities are
going on without obtaining consent
as required under the Air
(Prevention & Control of Pollution)
Act, 1981, from the Haryana State
Pollution Control Board. Mine lease
holders shall take appropriate
steps to obtain consent from the
State Pollution Control Board
failing which the State Pollution
Board shall take necessary action
in this regard.
4) The mine owners should adhere
strictly to Mine Safety Plan and
install all necessary devices.
5) The overburden along with top
soil should be properly preserved
for use at the time of reclamation
of abandoned mine.
6) Use of explosives in the mines
should be regulated as per the
Explosive Act and after obtaining
approval from the Competent
Authorities."
This Court on March 21, 1996 noticed the statement of
Mr, Gopal Subramaniam, learned counsel appearing for the
State of Haryana in the following words:-
"Mr. Gopal Subramaniam states that
the mining work has stopped within
the radius of 5 kms of Badkhal Lake
and Suraj Kund. We appreciate the
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gesture of Haryana Government. Mr.
Subramaniam states that the steps
to provide green belt in that area
are also in progress. He shall
place on record the positive steps
which are in the contemplation."
Mr. Shanti Bhushan, Mr. G.L. Sanghi & Mr. R.S. Suri learned
counsel appearing for the mine operators vehemently
contended before this Court on March 29, 1996 that the
mining operations were closed without affording any
opportunity to the lessees of the mines. After hearing
learned counsel, this Court passed the following order:
"There is no order by this Court
directing the closure of the mines.
Mr. Shanti Bhushan, however, states
that in view of the observations
made by this Court in the earlier
orders, the Haryana Government has
closed the mines in the area. The
main contention raised is that
without hearing the mine owners and
without giving them any
opportunity, the mines have been
closed. Needless to say that action
regarding closure of the mines have
been taken on the basis of the
report submitted by the Central
Pollution Control Board. Be that as
it may, we give opportunity to
these mine-owners to present their
case before this Court."
The mining operations within the radius of 5 kms from Badkal
lake and Surajkund were stopped by the Haryana Government on
the basis of the recommendation made by the Board. The mine
operators through their learned counsel raised serious
objection to the recommendation of the Board seeking closure
of the mining operations within the radius of 5 kms.
According to learned counsel the pollution generated, if
any, by the mining activities cannot go beyond a distance of
one km and as such the closure of the mines within the area
of 5 kms was wholly unjustified. It was suggested by the
learned counsel that another opinion in this respect may be
obtained from an expert body like the National Environmental
Engineering Research Institute (NEERI). This Court on April
12, 1996 passed the following order:
"We have heard learned counsel for
the parties. We are of the view
that it would be useful to have the
expert opinion of the National
Environmental Engineering Research
Institute on the point whether the
mining operations in the said area
are to be stopped in the interest
of Environmental Protection,
Pollution Control and Tourism
Development. If so whether the
limit should be five kms. or less.
We, therefore, request Dr.
Khanna to send an inspection team
to the area concerned preferably
within next week to examine the
question of closure of the mines
from the environment and pollution
point of view. The team shall also
examine the working of the stone
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crushers and pulverisers in the
area. Initially report regarding
mines may be filed. We request Dr.
Khanna to have the report filed in
this Court within ten days."
The NEERI has filed its inspection report dated 20, 1996.
We have heard learned counsel for the mine operators at
length.
The two tourist places, Surajkund and Badkal lake, are
located in Faridabad district of Haryana State and are at a
distance of about 18/24 kms. from New Delhi. Because of
their proximity to the capital city of India these resorts
have a great tourist potential. We may refer to the relevant
parts of the NEERI report:
"Air Quality Monitoring was carried
out by the Inspection Team at one
working mine beyond 5 km from
Badkal lake and Surajkund area to
assess the extent of air pollution
from the mining activities,
overburden loading and haulage, and
to determine fugitive emissions of
Suspended Particulate Matter (SPM).
One monitoring station was
established in upwind direction at
a distance of 300 m, whereas
another monitoring station was
located in downwind direction at
50m distance from the face of the
mine. The mining activity was being
carried out in an area of 0.75 x
1.0 km2. The air quality monitoring
was conducted for four hours during
mining operations. The blasting
operation also took place during
the air quality monitoring. At the
upwind and downwind stations, SPM
concentrations were observed to be
124 and 416 ug/m3 respectively. The
contribution from mining activities
was 292 ug/m3.
Fugitive air pollutant
emission rate of SPM for mining
activities was also estimated using
upwind-downwind technique. The
fugitive emission rate was 30.26
gm/sec for production of 4000 tons
of stones during four hours.
Noise levels were measured by
inspection team at the working mine
beyond 5 kms from Badkal lake. The
noise levels were observed to be in
the range of 52-80 dBA. The noise
levels were also measured at a
distance of 500 m away from the
working mine, and it was observed
to be equal to the background noise
level of 40-42 dBA. Noise levels
were also measured during blasting,
when 820 gms of explosive was used
in four holes of 1.2 m depth. The
maximum noise level of 59.5 dBA was
recorded at a distance of 500 m
from the blast site. "
The following recommendations have been made by the NEERI in
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the report:
"6.1 Mining
6.1.1 Detailed exploratory
operations need to be undertaken to
facilitate the estimation of
reserves in the region, and for
scientific management of mining
operations.
6.1.2 The mine lease owners need to
undertake the mining operations in
series, i.e. mining activities must
be completed to full potential in a
block before moving to the next.
This will help in reclamation of
land in the block in which mining
operations have been completed.
6.1.3 All the mine lease holders
need to prepare detailed mining
plans, and obtain approvals before
the actual mining operations are
initiated. The implementation of
approved mining plans by the mine
lease holders needs to be ensured
by a designated authority with
specialization in environment.
6.1.4 The mine lease holders should
also prepare mine safety plans, and
ensure installation of necessary
devices for protection of mine
workers.
6.1.5 In view of the observations
made by the Archaeological Survey
of India (ASI) on the availability
of stone age tools and other
historic remains, ASI needs to work
in collaboration with the mine
lease holders on matters relating
to excavation operations.
6.1.6 Dust suppression measures
like sprinkling of water on haulage
roads and overburden dumps and
other areas need to be implemented
by mine lease holders.
6.1.7 In order to minimize the dust
pollution caused due to vehicular
traffic, it is necessary to
initiate a number of measures, e.g.
an alternate by pass road must be
laid to insure that no vehicles
pass through the area within 1 km
radial distance from the periphery
of the lakes.
6.1.8 It is necessary to minimize
the duration of blasting
operations.
6.1.9 Necessary measures must be
initiated by the Haryana Tourism
Department to protect the quality
of lake waters, and to eliminate
the non-point sources of pollution.
6.1.10.The Environmental Management
Plans (EMP) being formulated by the
mine owners should include land
rejuvenation and afforestation
programmes, and other measures
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necessary to protect the quality of
the environment and human health.
The mining operations should
commence only after the approval of
EMPs by a designated authority. A
time bound action plan needs to be
initiated for the implementation of
the measures delineated in the
Environmental Management Plans.
6.1.11. In order to protect the
Surajkund and Badkal lakes and the
associated tourist complexes, it is
necessary to develop and implement
scientifically designed greenbelts
around these complexes, as also
around boundaries of different
mining blocks.
6.1.12. Greenbelt should also be
developed and implemented on either
side of the roads in the mining
area and Surajkund-Badkal road to
minimize the effects of dust and
noise pollution.
6.1.13. The question of lifting the
ban on mining operations needs to
be considered in conjunction with
the implementation of stringent
pollution control, land
reclamation, greenbelt, and other
Environmental Management measures
so as to facilitate the
availability of construction
materials and employment
opportunities for the workers along
with the protection of environment
and public health.
6.1.14 It is considered necessary
to prepare a Regional Environmental
Management Plan for urgent
implementation to enable eco-
friendly regional development in
the area."
Regarding the Green Belt Development NEERI has recommended
as under:
"Since, plants possess immense
capabilities for dust attenuation,
it is recommended that greenbelts
be developed in following areas:
- At one km radius all around the
Surajkund Lake boundary; 200 m wide
greenbelt
- At one km radius all around the
Badkal Lake boundary; a 200 m wide
greenbelt
- Outside the total mining area
lease boundary; a 100 m wide
greenbelt
- On open, peripheral areas around
the stone crushers zone; a 100 m
wide greenbelt within the crusher
zone boundary (Figure 3)"
The site-wise greenbelt designs
have been presented in Table 4.
Road side plantations are also
required. Depending upon the width
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of various roads and the land
available, there is a need for
two/three rows of trees on either
side of each road. The spacing
between the rows may be 5 m, and
that between trees in each row as 6
m. The requirements of plants for
road side plantation has been
indicated in Table 4.
The greenbelt development
involves use of several plant
species in hundreds and, therefore,
it is desirable that the work be
entrusted to the District Forest
Department that will be able to
maintain and generate the required
number of seedlings of all the
recommended plant species."
The two expert opinions - by the Board and by the NEERI
- leave no doubt in our mind that the mining activities in
the vicinity of tourist resorts are bound to cause severe
impact on the local ecology. The mining brings extensive
alteration in the natural land profile of the area. Mined
pits and unattended dumps of overburdened, left behind
during the mining operations, are the irreversible
consequences of the mining operations. Rock blasting,
movement of heavy vehicles, movements and operations of
mining equipment and machinery cause considerable pollution
in the shape of noise and vibration. The ambient air in the
mining area gets highly polluted by the dust generated by
the blasting operations, vehicular movement;
loading/unloading/transportation and the exhaust gases from
equipment and machinery used in the mining operations.
The Board has notified the Ambient Air Quality
Standards by the Notification dated April 11, 1994. The
notification fixes limiting standards of pollutants (Sulphur
Dioxide, Oxides of Nitrogen, Suspended Particulate matter,
Respirable Particulate Matter, Lead and Carbon Monoxide) in
respect of sensitive areas, industrial areas and
residential, rural and other areas. The standards for
sensitive areas are stringent than the standards prescribed
for industrial and residential areas. The Board has
recommended that the area of 5 kms around the periphery of a
centre of tourism be notified as sensitive area.
The Badkhal lake and Surajkund are monsoon-fed water
bodies. The natural drainage pattern of the surrounding hill
areas feed these water bodies during rainy season. The
mining activities in the vicinity of these tourist resorts
may disturb the rain water drains which in turn may badly
affect the water level as well as the water quality of these
water bodies. The mining may also cause fractures and cracks
in the subsurface, rock layer causing disturbance to the
aquifers which are the source of ground water. This may
disturb the hydrology of the area.
We are, therefore, of the view that in order to
preserve environment and control pollution within the
vicinity of the two tourist resorts it is necessary to stop
mining in the area. The question, however, for consideration
is what should be the extent of the said area? NEERI in its
report has recommended that 200 metres green belts be
developed at 1 km radius all around the boundaries of the
two lakes. It is thus obvious that twelve hundred meters are
required for the green belts. Leaving another 800 meters as
a cushion to absorb the air and noise pollution generated by
the mining operations, we are of the view that it would be
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reasonable to direct the stoppage of mining activity within
two km radius of the tourist resorts of Badkhal and
Surajkund. We, therefore, order and direct as under:
1. There shall be no mining activity within 2 km radius of
the tourist resorts of Badkhal and Surajkund. All the mines
which fall within the said radius shall not be reopened.
2. The Forest Department of the State of Haryana and in
particular the Chief Conservator and the District Forest
Officer, Faridabad shall undertake to develop the green
belts as recommended by NEERI with immediate effect. The
NEERI has also suggested the development plan and the type
of trees to be planted. We direct the Chief Conservator of
Forests, Haryana, District Forest Officer, Faridabad and all
other concerned officers or the Forest Department to start
the plantation of tree for developing the green belts and
make all efforts to complete the plantations of trees before
the monsoon (1996).
3. We direct the Director, Mining and Geology, Haryana, the
Haryana Pollution Control Board to enforce all the
recommendations of NEERI contained in para 6.1 of its report
(quoted above) so far as the mining operations in the State
of Haryana are concerned. All the mines operators shall be
given notices to implement he said recommendations. Failing
to comply with the recommendations may result the closure of
the mining operations.
4. We further direct that no construction of any type shall
be permitted now on wards within 5 km radius of the Badkhal
Lake and Surajkund. All open areas shall be converted into
green belts.
5. The mining leases within the area from 2 km to 5 km
radius shall not be renewed without obtaining prior "no
objection" certificate from the Haryana Pollution Control
Board as also from the Central Pollution Control Board.
Unless both the Boards grant no objection certificate the
mining leases in the said area shall not be renewed.